The home-rule commission is made up of 15 members, four of whom were nominated by DISD’s district advisory committee. State law requires the advisory committee members to be elected by district employees. Alliance-AFT argued that those members were appointed — and not elected.

But Judge Carl Ginsberg of 193rd Dallas County District Court said the plaintiffs didn’t show there would be any harm from that. Alliance-AFT appealed that ruling, but an appeals court denied it emergency temporary relief.

“It is our belief that we’ve accomplished all we can at this time with the lawsuit. The lower court’s finding of illegal action by Dallas ISD in the formation of the Districtwide Advisory Committee puts the district on notice that it must make changes to come into compliance with state law,” Rena Honea, president of Alliance-AFT, said in a statement. “We will continue to monitor the commission’s work to ensure full compliance with all relevant statutes and monitor the actions of the district and commission to ensure transparency in commission operations.”

The Alliance-AFT teachers association has appealed a judge’s decision to not grant the group a temporary injunction in a home-rule case against Dallas ISD.

At issue is the selection of four teachers that will help makeup a 15-member home-rule commission. The teachers must be selected by professionals on a district advisory committee. Alliance-AFT contended that some professional staff members on the district advisory committee were appointed instead of being elected as required.

Judge Carl Ginsberg of the 193rdDistrict Court agreed that some of the professionals were illegally on the advisory committee. But he said in his Thursday ruling that all four of the plaintiff’s witnesses had no qualms with the four teachers selected by the advisory committee. Two of those selected are members of Alliance-AFT.

The “plaintiff cannot demonstrate individualized harm to its members’ interests,” the ruling states.

Rena Honea, president of Alliance-AFT, said the appeal was filed in the 5th District Court of Appeals on Thursday.

More information: From Alliance-AFT president Rena Honea:

“While the decision rendered is disappointing, the judge did validate concerns based on the reasons for the lawsuit — that some of the teacher members of the Districtwide Advisory Council were improperly selected and there was potential harm to the teachers. In addition, the judge stated that the timeline to make these radical changes to our schools is unrealistic. In light of this ruling, Alliance/AFT will petition for an appeal and will continue to monitor this process very closely.”

Dallas teachers group Alliance-AFT’s lawsuit to halt the home-rule process in Dallas ISD has been denied.

Judge Carl Ginsberg of 193rd Dallas County District Court ruled Thursday morning to deny Alliance-AFT’s lawsuit. Alliance-AFT argued that Dallas ISD didn’t follow a Texas law on how it should craft a District Advisory Committee. That committee has nominated four teachers to serve on the 15-member home rule commission to draft a proposed charter for district.

Ginsberg found that the advisory committee was improperly selected but he said the plaintiffs didn’t show there would be any harm from that.

“All four of planitiff’s witnesses testified that: (i) they have no qualms with any of the four members selected by the DAC, and (ii) they could not say that these four individuals would not be advocates for the interest of the classroom teachers,” Ginsberg wrote in the ruling.

A ruling is expected Thursday on whether to grant the Alliance-AFT teachers association a temporary injunction to keep Dallas ISD trustees from naming teachers to a commission that will create a home-rule charter.

The 15-member commission must include at least four teachers selected by professionals on a district advisory committee. Alliance-AFT contends the professional staff members on DISD’s advisory committee were improperly selected – appointed instead of elected.

Judge Carl Ginsberg of 193rd Dallas County District Court agreed during a hearing Wednesday that some professionals on the advisory committee “were illegally there.” He is expected to make a ruling on the case on Thursday.

At least seven of 18 of the professionals on the advisory committee were not elected, according to court testimony and documents. Texas Education Code says that professional staff must nominate and elect its representatives for the advisory committee. Professional staff includes teachers, principals and instructional coaches.

Alliance-AFT wants the judge to require that elections be held for the professional members. The group wants the judge to delay the board’s deadline to create a home-rule commission until the fall, after teachers return to school and can vote on their professional representatives.

The group Support Our Public Schools initiated the home-rule process in DISD. Group members turned in enough signatures on a petition to require the DISD board to create the commission A majority of voters would have to approve the charter in an election with at least a 25 percent turnout. The Dallas effort is the first use of the 1995 home-rule law in Texas.

Under the law, trustees have 30 days – until June 23 – to name a commission. The commission would have a year to create a charter.

Dallas ISD trustees were expected to make appointments to the commission at a 5 p.m. meeting Thursday. But it is unclear how their process would be impacted if the judge rules in Alliance-AFT’s favor.

Ginsberg did note that the law requires an appointment of a 15-member commission – and he doesn’t see how that could happen without the four teachers being seated.

The judge also brought up the urgency surrounding the home-rule issue. Support Our Public Schools is hoping to have the proposed charter on the November ballot when a big turnout is expected for the gubernatorial race.

Ginsberg discounted that everything could be done in time to make the November ballot, regardless of what he decides. He said that the deadline to get on the ballot is Aug. 19. He noted that the Texas Education Agency commissioner also has 30 days to review the proposed charter, and he said it would have to go to the U.S. Department of Justice if there’s a change in the district’s governance. He said the commission would have about 26 days to write the charter.

A Dallas County district judge has granted the Alliance-AFT teachers association a temporary restraining order in a case involving a home-rule initiative in Dallas ISD.

Judge Carl Ginsberg in 193rd District Court issued the order on Friday. A hearing to determine if a temporary injunction will be granted is scheduled for 1 p.m. Wednesday.

Alliance-AFT claims that the district’s process to appoint a home-rule charter commission violates state law. Namely, the appointment of four teachers to a 15-member commission is in question.

By law, the commission members must be residents of the school district. At least four must be teachers selected by professionals on a districtwide advisory committee, and at least eight must be parents with children in DISD.

The suit contends that state law requires professionals on a district advisory committee to be elected — not appointed as Alliance-AFT says those in DISD were.

The group Support Our Public Schools initiated the home-rule process in DISD. Group members turned in enough signatures on a petition to require trustees to create the commission within 30 days. The Dallas effort is the first use of the 1995 home-rule law in Texas.

The DISD Board of Trustees will select the remaining 11 commission members, and they have until June 21 to do so. The commission will create a home-rule charter for the district. The charter would detail how the district should be operated and governed and allow it to ignore some state rules. A majority of voters would have to approve the charter in an election with at least a 25 percent turnout.

The court order asks DISD to “refrain from appointing the teachers selected by the defendant’s district-level advisory committee” until June 27, or until further ordered. It also asks the district to submit no later than 5 p.m. Tuesday all documents pertaining to the election or appointment of the professional staff members on the advisory committee, dates of elections, list of candidates, sample ballots and other information.

It’s unclear what impact the temporary injunction would have on efforts by trustees to decide on a process to select the remaining commission members. The board is scheduled to meet at 5 p.m. Monday to continue discussing what process to use.

More to come…

More information, 11:57 a.m.: DISD Board President Eric Cowan said the board will continue its work to appoint commission members. “We’re proceeding as if we have a 30-day deadline to name the commission until we are told otherwise,” he said.

More information, 3:16 p.m.: DISD spokesman Jon Dahlander said “attorneys representing the district are confident in our legal position and will be prepared to present next week.​”

More information, 3:28 p.m.: A statement from Rena Honea, president of Alliance-AFT: “The potential consequences of Home Rule on our students, our teachers and our community are too great to be sidestepping rules and playing politics. I’ve known that for some time, and it appears the court agrees. This entire process has been needlessly rushed and has sacrificed teacher and community involvement and compromised our children’s educational opportunity. Everyone in our community shares a sense of urgency around the need to ensure that our children receive a high-quality public education, and we know that we cannot afford to accept the status quo. The real path to genuine reform, however, must include—not shut out—our community.”

Dallas teachers group Alliance-AFT filed a lawsuit Wednesday against Dallas ISD, claiming that the district’s process to appoint a home-rule charter commission violates state law.

The lawsuit filed in Dallas County District Court argues that Dallas ISD has not followed the 1995 Texas law that outlines how district appoints a home-rule charter commission. District trustees are in the middle of appointing 15 members to a home-rule commission to draft a new constitution for the district.

“Our legal counsel is aware of the filing of the injunction and will be prepared to represent the district in court,” DISD spokesman Jon Dahlander said.

The attorneys hired by DISD trustees to advise them on home rule said they would discuss the litigation with them at Thursday’s board meeting, according to an email obtained by The Dallas Morning News.

The lawsuit is the latest chapter in the controversial plan to transform Dallas ISD into the state’s first home-rule charter district. Support Our Public Schools launched the effort in March with a petition drive. A home-rule district would be exempt from some state laws and free to implement a new system of governing.

Support Our Public Schools wants a proposed charter to be on the November ballot, but the legal challenge could delay that timeline. The Texas home-rule law requires a 25-percent voter turnout to approve a proposed charter. Dallas County voters only participate at that rate in presidential and gubernatorial elections, which will be held in November.

Alliance-AFT claims that DISD hasn’t followed the part of the law that outlines how the 15 members are appointed. By law, a quarter of the 15 members, or 4 members, must be classroom teachers selected by professionals on the district advisory committee.

“The plaintiff maintains that the individuals who have selected the teacher representatives for the charter commission do not possess the requisite legal authority to do so because they were appointed to their positions rather than being elected,” the lawsuit says.

Alliance-AFT included an affidavit from DISD teacher and committee member Jimmy Guilllory, who said that he was not elected to the district advisory committee.

The lawsuit comes after Dallas ISD announced Friday the four teachers chosen for the home-rule committee. Alliance-AFT states that its 7,000 members will suffer “immediate and irreparable harm if they are not represented on the home-rule school district charter.”

“There is no remedy that could be provided that would replace the contributions made by classroom teachers who have been endorsed through the operation of democratic procedures,” the lawsuit says. “The stakes for classroom teachers could not be higher and their true voice and opinions deserve to be heard.”

Alliance-AFT teachers association has endorsed trustee Miguel Solis for the Dallas school board in the May 10 election.

Solis is once again being challenged for the District 8 seat by community organizer Kristi Lara. Richard Sheridan, a retired engineer and local activist, also is in the contest.

AFT’s endorsement of Solis is of particular interest. The group’s political action committee chose not to endorse him in the last election in November to fill the unexpired term left by Adam Medrano. Instead, AFT went with Lara. Now, the group is going with Solis for the seat that includes parts of Love Field, Northwest Dallas and Central Dallas.

When Solis first emerged in last year’s contest, some observers believed that he would be a rubber stamp to Superintendent Mike Miles. Solis was once Miles’ special assistant. But as a trustee, Solis has proved that he won’t always side with his former boss.

Alliance-AFT President Rena Honea said that Solis was chosen after much discussion, a review of board voting records, a candidate interview and review of his responses to a questionnaire.

“Trusting the best decisions for the students and employees of this district to be made by an endorsed candidate is always a difficult task,” Honea said in a statement.

“The remainder of the 2013-2014 school year presents many challenges for all of the trustees and this decision is not made lightly. While agreement will not always exist with candidates and trustees, responses by the candidates must be considered and weighed heavily in the interest of holding them accountable. ”

Solis has also been endorsed by other groups, including Educate Dallas and Dallas Kids First, two political action committees that often back candidates who are more supportive of Miles’ reform efforts.

It’s rare for Alliance-AFT to endorse a candidate backed by Educate Dallas and Dallas Kids First. AFT has had a rocky relationship with Miles. In September, the group called for his firing after an investigation found he had violated district policy and worked publicly to disparage the school board.

For the District 6 race, AFT did not endorse any of the five candidates running for the Southwest Dallas seat. Trustee Carla Ranger did not seek re-election to the post.

“In District 6, no endorsement is being made at this time because there are four candidates who went through our questionnaire and interview process, several of whom are viable candidates. A run-off election is likely in that district,” the AFT statement says.

District 6 candidates are Joyce Foreman, a community activist and semi-retired business owner; Lew Blackburn Jr., an IT service manager who is the son of DISD trustee Lew Blackburn; Carlos Sherman, a retired accounts manager at Verizon Communications; Irving ISD attorney Bertha Bailey Whatley; and D. Marcus Ranger, an attorney who is the husband of trustee Carla Ranger.

Alliance-AFT teachers association in Dallas has come out against a move to turn Dallas ISD into a home-rule school district.

Under the home-rule law, the district would operate under a charter and be exempt from some state rules. The charter, which would require voter approval, would dictate how the district is governed and operated. It could eliminate various state requirements, such as having an elected school board and using the state-mandated curriculum.

A new group, Support Our Public Schools, is behind the effort.

“The proponents of this horrible idea are trying to say it will provide flexibility, which in reality means that corporate interests will seek to turn our neighborhood schools into privately operated charter schools with no accountability to the public,” Alliance-AFT president Rena Honea said in a news release.

“This is a power grab, pure and simple,” Honea said. “The home-rule charter is part of a plan to underfund our schools, declare them a failure, and contract out to private operators the control of our neighborhood schools, disenfranchising parents and community stakeholders and deprofessionalizing teaching. This initiative ultimately is for profit, not for kids.”

The Alliance-AFT teachers association in Dallas is planning a news conference on Thursday to formally call for the firing of Dallas ISD Superintendent Mike Miles.

The announcement will come the day that trustees meet to discuss an investigation that found Miles had violated district policy and worked to publicly disparage the school board. Trustees also will discuss any possible disciplinary action against Miles, who is expected to give his side at the meeting.

“Dallas needs a school superintendent who fights for public schools that are laser-focused on teaching, learning, and providing social and health services to meet kids’ needs,” Honea said. “To reclaim the promise of public education in Dallas, the most immediate and best option is to replace Miles with someone willing to collaboratively do what works to save our schools and our community.”

The news conference will be held at 10 a.m. at the Alliance-AFT offices, 334 Centre St. in Dallas.

In a separate event on Thursday, community members who oppose Miles are planning a protest at 5 p.m. at Dallas ISD headquarters, 3700 Ross Ave. in Dallas.

The school board will meet to discuss the investigation at 5:30 p.m Thursday at district headquarters. Trustees will first have a discussion in closed session and could possibly have a discussion in open session. As of 4:50 p.m. Wednesday, the agenda included an open session for trustees to discuss the investigation and to receive a response from Miles. But it's unclear if the open session will happen. Board President Eric Cowan said earlier today that he's getting legal advice to not discuss the matter in open session.

Alliance-AFT, the Dallas school district’s largest teachers association, has announced its endorsements in the May 11 school board election.

The group chose not to endorse any of the three incumbents, but instead selected two political newcomers and did not make an endorsement in one contest.

Luis Hernandez, an auditor, was endorsed for the District 4 seat. He is running against trustee Nancy Bingham.

No endorsement was made in the District 5 race. Board president Lew Blackburn is competing against community activist Linda Wilkerson-Wynn for the seat.

Rafael Narvaez III, a law firm office manager, was endorsed for the District 7 post. Trustee Eric Cowan is hoping to hold onto the seat. Arturo “Art” Sierra, who is self-employed, is also running for the post.

“In conversing with our members over the past three years, the voting records of the current Trustees seeking re-election have not always been in the best interest of the students and employees in Dallas ISD,” Honea stated. “The 2012-2013 school year continues to be the most challenging time for all stakeholders amid the controversial decision that the incumbents made in selecting the leadership of Dallas ISD.”

The news release continues: “Following the membership’s direction, the organization believes that new and fresh ideas from the two Dallas ISD graduates seeking to serve their community will provide the needed input, perspective and supportive leadership that our students, employees and citizens deserve.”